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So yesterday I was busy, busy, BUSY... car went into the dealer for some minor work - foglight, cupholder is sticking on passenger side, windshield wiper judder despite getting new blades less than 2 weeks ago, parking brake adjustment as it isn't holding like I want it to - minor stuff, but enough to make it a warranty day worthwhile...

so I get a 2011 328i x-drive service loaner - nice car, but it is going to be fairly idle with only a short errand to run - the day got REALLY busy with changes to prices and imagery from a supplier - rush to get that done, puts me behind on the other stuff I had to do...

Meanwhile - I was called and told my car is ready... so I head out to get my 5'er - and I remember there are roadworks on the back-road I take, so I head down a busy US highway towards town - I hate this road, it is busy and it is now "rush hour" .. and the light changes against me... I leisurely stop behind a Toyota SUV - ... SCREEEECH... the woman behind me hits her brakes before hitting me in the rear... airbag lights go off - no airbag deployment though - and I stand on the brakes so I am able to prevent myself rear-ending the SUV in front (I have a habit of leaving 8-12 feet between me and the car in front and I needed all but 6 inches of that to avoid the impact).

The vehicle that hits me is a Lexus RX330 SUV - a youngish woman - tells me it is her mom's car... oops.

So I'm in shock sort of - I call the dealer because they're about to close... and I realize that my insurance details are NOT with me - they're in my jockey box of my 5'er at the dealer - and were NOT printed on the temporary rental agreement...

So we call the PD - a cruiser comes by and he's all fussy about me not having my paperwork... so call the dealer - they fetch my paperwork and call me with the policy.. meanwhile I found an insurance slip in my wallet that is "current" - but shows my old car... this gets the police officer off my case - thank goodness.

So after about an hour of waiting around (heck knows why it took so long) - I am given a piece of paper and head off to the dealer to give them back their service loan with a license plate imprint from a Lexus in the rear - and get my 5'er back...

Well... 1/2 mile down the road I apply the brakes and I feel a judder - let off the brakes and the judder is still there - coast round the corner I braked for, and the judder remains.... fnck... 5'er is "not right"... so I call the dealer back (they're closing REALLY shortly) - and tell them ... my car is messed up, I'm driving it VERY CAREFULLY back to them... I have no choice, it is juddering under normal driving at even lowish speed (20+ you notice it - 30 and it is going to make you sea-sick).

Into a DIFFERENT service loaner and awaiting news of how the collision is being handled - and how my 5'er is "not right"... ho-hum...

So the judder only begins with the application of the brakes, but stays after releasing the brakes?

Sounds like a sticky brake caliper and/or an uneven rotor - just off the top of my head. I would think that would've been an easy diagnosis by the dealer, so perhaps it's something else. Ask the dealer for an explanation of what they felt the cause was and what they did to correct it, then ask them if they test drove the thing afterward.

As for the wreck, well, that's what insurance is for - at least you're not hurt and heck, it wasn't your car. Still, definitely a lousy day.

well I asked if they test drove it - and they said yes, a 6 mile test drive. It didn't go in with a judder - so this is either something their work revealed - like a warped rotor - or a mis-adjustment of some kind I think... I'm sure they can fix it, but it was just another annoying thing after the fender-bender.

Oh - and Yes I know it could have been a lot worse - my neck is a little sore today - taking some pills and hoping it is just a little soreness and goes away today/tomorrow..

Sounds like a crappy day but glad you're alright. Almost seems as if the brake judder the 5er had was more of a potential danger than the fender bender you had with the loaner. Glad it wasn't your car!

As for the wreck, well, that's what insurance is for - at least you're not hurt and heck, it wasn't your car. Still, definitely a lousy day.

Feel better.

yep - insurance will deal with it I am sure - I guess I have to call my agent - I'm waiting to hear back from the dealer on if they're going to deal with their car, or involve my insurance or what. The young lady did get a ticket and I am 99.999% that I am going to be 100% in the right/clear regards the blame factor - we have to wait and see how it all works out with who deals with what though.

I felt a lot better last night actually - 4 kick-butt margaritas on the deck and I was falling asleep by 10PM

Quote:

Originally Posted by cwinter

Sounds like a crappy day but glad you're alright. Almost seems as if the brake judder the 5er had was more of a potential danger than the fender bender you had with the loaner. Glad it wasn't your car!

yes, I'm glad it wasn't mine either - it just complicates things I guess - I've never had a bump in a car that wasn't mine, so I have to find out how it all works I guess. The judder was odd - it came on AFTER braking and then stayed... it was also worse at higher speed - I'm really glad I didn't give the car some right-foot and then find it braking from 50+

I spoke too soon about not lasting issues - after a week I started getting stiff in the morning - it has got worse to the point I am in pain in my neck now ALL the time and I can't get it numbed with ibruprofen - Doctor's office Tuesday morning first thing...

I spoke too soon about not lasting issues - after a week I started getting stiff in the morning - it has got worse to the point I am in pain in my neck now ALL the time and I can't get it numbed with ibruprofen - Doctor's office Tuesday morning first thing...

That sucks. Whiplash is the 'hidden monster' that typically onsets days, sometimes weeks after a crash.

That sucks. Whiplash is the 'hidden monster' that typically onsets days, sometimes weeks after a crash.

I've never had this before and it sucks!

Quote:

Originally Posted by Griffoun

How long was the offer good for? Not that I would take it, I mean I would never consider waiver like this, but just out of curiosity. Hope your pain is only temporary.

I will have to check the paperwork they sent - I have to call them today anyway.... tell them I'm at the doc tomorrow and their "offer" while seeming like it might work 10 days ago, is just not going to cut it with the pain I'm in now. My doc is 30 miles away, so I'll chew threw their $500 in gas over the next few weeks I expect, plus mileage on the car - before we even talk inconvenience and paid+suffering.

ok - update time - I finally called the insurance company - I was under doctor/chiropractic care for 9+ weeks - 3 times a week, then 2, then 1 - the office was 30+ miles away (so 60+ miles round trip) - and the insurers want me to go in an talk to them about a settlement - I have *NO IDEA* what that would mean - or what is reasonable - I had a whip-lash and just don't know if I should sign off on this... any advice?

ok - update time - I finally called the insurance company - I was under doctor/chiropractic care for 9+ weeks - 3 times a week, then 2, then 1 - the office was 30+ miles away (so 60+ miles round trip) - and the insurers want me to go in an talk to them about a settlement - I have *NO IDEA* what that would mean - or what is reasonable - I had a whip-lash and just don't know if I should sign off on this... any advice?

I called an attorney that specializes in personal injury before going there... the lady attorney I spoke to said settlements are normally in the realm of 2x medical bills when it all gets said and done.... and that in my case, my medical issues were not severe, but that would be where they would head - and they work on 35% of settlement - ok - a contingency lawyer I guess. Something to think about - and I had this before the next step.

Next I dropped off the paperwork regarding my medical bills at her insurers office (Progressive) - the insurance representative asked what kind of settlement I was looking for - I said that I wasn't thinking of any number in particular but to make me an offer and she shot out $2k - I just raised an eyebrow - and said I would leave, and thanked her for her time ... she upped it to $2.7k to include mileage - I walked out .... I told her I was going to talk to an attorney because my feelings are this is not anywhere near what they should be offering. She tried to steer me away from going to an attorney, saying we could settle this before Christmas if we had a figure to work with.

We will see where this heads - but I'm not exactly biting her hand off at $2k.

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Last edited by wyb; 12-05-2012 at 01:05 PM.
Reason: walked - not worked.

My brotherin law (attorney) eats insurance companies and medical malpractices for lunch. I have never known him to settle a case less than $25K for the smallest auto collision.

$2K offered by them was an insult

Btw, who said you need to settle at this time? For all we know you continue to have pains and suffer brain fog (very common post-accident) and trouble sleeping. My opinion? Continue seeing the chirpractor and request the chiro increase visit per week frequency. Have your lawyer threaten to take this all the way through to trial and usually between months 12-24 the insurance company begs to settle with high amounts.